Today, office workers, parents and students have to face the stormy weather brought by the typhoon "Plum Blossom". Shanghai Central Meteorological Observatory updates Typhoon yellow warning signal is a typhoon orange warning signal; a yellow warning signal for heavy rain was issued at 12:37; Huangpu River climax position blue warning signal is still maintained.
At this time, the most concerned issue is whether to stop work and classes. Under what circumstances can you not go to work? Will your salary be deducted if you can't go back to work on time in extreme weather? Is it considered an industrial injury if I was injured in a bad weather caused by a typhoon while commuting to and from get off work? In bad weather, workers need to know these labor rights knowledge↓↓
Can you not go to work today and tomorrow?
According to the provisions of Shanghai's "Implementation Opinions on the City's Response to Class Suspension and Work Loss of Work" (Shanghai Government Regulations [2019] No. 9): When Shanghai issues a red warning for meteorological disasters, except for government agencies and enterprises and institutions that directly guarantee the operation of the city, other employers may take temporary suspension of production, suspension of work, and suspension of business. Employers should start from the perspective of protecting employees' safety, and based on this implementation opinion, formulate specific response plans in advance, clarify the personnel and circumstances that should or do not need to go to work, as well as the circumstances of resumption of production, work, and business, and inform employees.
Employees who should go to work but cannot arrive on time should contact their unit in a timely manner. If an employee loses work due to a red warning for meteorological disasters (referring to issuing red warnings such as typhoons, heavy rainstorms, snowstorms, road icing), the employer shall not be late or absent, shall not deduct wages and benefits, shall not use statutory holidays and rest days for compensation, and shall not be subject to disciplinary sanctions or terminate labor relations for this reason.
If the company is fired on the name of the employee failing to arrive on time, the employee may consider applying for labor arbitration and requesting confirmation that the company illegally terminates the labor contract, and then claiming rights and interests. If in severe weather such as strong winds and rains, the company forces to take risks in order to rush the construction period, according to Articles 32 and 38 of the " Labor Contract Law of the People's Republic of China", employees may refuse, report, sue, or file for termination of the labor contract. If a crime is constituted, criminal liability may be pursued in accordance with the law.
Typhoon warning signal is divided into four levels: blue, yellow, orange, and red. Currently, Shanghai is a yellow warning signal. When the yellow and orange warning signals of typhoons are issued, high-altitude operations and large outdoor gatherings and activities should be stopped, doors and windows should be reinforced, and doors and windows should not stay near glass doors and windows or low-lying places when going out, and do not stay near trees, billboards and other objects that are easily affected by the wind. Pay special attention to prevent falling objects from altitudes near high-rise buildings.
Yesterday (September 13), the Shanghai Flood Control Office has issued a notice requiring all districts, departments and units to remain highly vigilant, scientifically implement defensive measures, and launch the "six stops" measures for closure of classes, work, operation, flight, parks and business as appropriate, and strive to meet the test of the "Plum Blossom" typhoon.
Is it considered an industrial injury when I was hit by a strong wind while commuting?
In 2021, Shanghai was affected by the typhoon "Cantu", and it was stormy for many consecutive days. A woman was injured by a billboard blown by a strong wind on her way to work, which sparked a lot of discussion at the time. So, is this situation considered an industrial injury?
According to Article 14 (6) of the " Work Injury Insurance Regulations ": If you are injured by a traffic accident or an urban rail transit, passenger ferry or train accident that is not the main responsibility of the person, you should be deemed to be an industrial injury.
Although the worker was injured by a billboard that was blown down in a strong wind, or was injured in a slippery road on a rainy day, he was injured in a slippery road while commuting, he was not injured by a traffic accident that was not the main responsibility of his person, and it cannot be determined that the work injury is. However, there are exceptions. If the injury occurs on the way to work by the unit, although the accident location does not belong to the usual work location, it can be regarded as an extension of the workplace and is a work time and work reason, it should be considered an injury.
Reporter: Wang Xu
Editor: Ning Pingying
Proofreading: Pan Lijuan
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